[Congressional Bills 112th Congress][From the U.S. Government Printing Office][S.J. Res. 29 Introduced in Senate (IS)]112th CONGRESS 1st SessionS. J. RES. 29 Proposing an amendment to the Constitution of the United States relating to contributions and expenditures intended to affect elections._______________________________________________________________________ IN THE SENATE OF THE UNITED STATES November 1, 2011 Mr. Udall of New Mexico (for himself, Mr. Bennet, Mr. Harkin, Mr. Durbin, Mr. Schumer, Mr. Merkley, Mr. Whitehouse, Mr. Begich, and Mrs. Shaheen) introduced the following joint resolution; which was read twice and referred to the Committee on the Judiciary_______________________________________________________________________ JOINT RESOLUTION Proposing an amendment to the Constitution of the United States relating to contributions and expenditures intended to affect elections. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission by the Congress: ``Article-- ``Section 1. Congress shall have power to regulate the raising and spending of money and in kind equivalents with respect to Federal elections, including through setting limits on-- ``(1) the amount of contributions to candidates for nomination for election to, or for election to, Federal office; and ``(2) the amount of expenditures that may be made by, in support of, or in opposition to such candidates. ``Section 2. A State shall have power to regulate the raising and spending of money and in kind equivalents with respect to State elections, including through setting limits on-- ``(1) the amount of contributions to candidates for nomination for election to, or for election to, State office; and ``(2) the amount of expenditures that may be made by, in support of, or in opposition to such candidates. ``Section 3. Congress shall have power to implement and enforce this article by appropriate legislation.''. <all>

Analysis

Section 1:

I see three problems with this section:

It does not cover issues. While issues are not directly on the ballot, they are still an integral part of a political campaign.

It does not cover Constitutional Amendments.

The politicians setting the regulations, without direction or mandate, are the ones who benefit from the current state of campaign financing. This leaves plenty of room for continued influence peddling.

Section 2:

There are similar problems with this section:

It does not cover issues.

It does not cover Constitutional Amendments.

It does not cover referenda.

It does not cover local elections.

It does not cover other Questions put to the voters, such as millage.

It does not cover cross-state interference in local politics. The sovereignty of the individual states is being challenged by out-of-state money.

Constitutional Authority Statement:

None given (yet), but Article V of the Constitution covers it.

Article V:

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution,

or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments,

which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when

ratified by the Legislatures of three fourths of the several States,

or by Conventions in three fourths thereof,

as the one or the other Mode of Ratification may be proposed by the Congress;

Provided

that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article;

and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

About

Like most people, I spent the first part of my life focused on education, building a career, and building a life. It left little time to pay close attention to politics. But with the turn of the decade, the turn of the century, the turn of the millennium, I saw evidence of a change in the country so radical that I could no longer ignore it. It is time for the silent majority to be silent no more, and this is my contribution to our future as a nation.